Idaho Small Claims Court Information

In Idaho, the Small Claims Department is the Magistrate's Division of the District Court.

• Statues: Idaho Code, Code of Civil Procedure, Title 1, Ch. 23, Sections 01-15.
• Dollar Limit: $5,000.
• Where To Sue: Where defendant resides or where breach or injury occurred.
• Service: Personal service by sheriff or court-approved disinterested adult. If requested by plaintiff, certified or registered mail with return receipt.
• Hearing Date: Set by court.
• Attorneys: Not allowed.
• Transfer: No provision.
• Appeals: By either side for new trial; within 30 days to magistrate other than previous jurist.
• Special Provisions: Defendant must answer within 20 days or lose by default. No jury trial. Right to sue may not be transferred. No punitive damages; no damages for pain or suffering. No eviction cases.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.